S-4539

AN ACT Relating to requiring the treatment of biomedical waste cultures prior to disposal; amending RCW 70.95K.010; and adding new sections to chapter 70.95K RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.95K.010 and 1994 c 165 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) ((~~"Biomedical waste" means, and is limited to, the following types of waste:~~

~~(a)~~)) "Airborne droplet nuclei" means small-particle residues, that are smaller than or equal to five micrometers in size, of evaporated droplets containing microorganisms that remain suspended in the air and that can be dispersed by air currents.

(2) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.

(((b) "Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institute of health, biosafety in microbiological and biomedical laboratories, current edition.

~~(c)~~)) (3) "Biomedical waste" means, and is limited to, the following types of waste: Animal waste, cultures, human blood and blood products, pathological waste, and sharps waste.

(4) "Cultures ((~~and stocks~~))" are laboratory wastes infectious to humans and includes specimen cultures, cultures ((~~and stocks~~)) of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures ((~~and stocks~~)) of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, ((~~blood specimen tubes,~~)) and devices used to transfer, inoculate, and mix cultures.

((~~(d)~~)) (5) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.

(6) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.

((~~(e)~~)) (7) "Local government" means city, town, or county.

(8) "Local health department" means the city, county, city-county, or district public health department.

(9) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(10) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.

((~~(f)~~)) (11) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.

(12) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.

(13) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (14) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

(14) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.

((~~(2) "Local government" means city, town, or county.~~

~~(3) "Local health department" means the city, county, city-county, or district public health department.~~

~~(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.~~

~~(5)~~)) (15) "Sharps waste container" means a leak-proof, rigid, puncture-resistant container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.

(16) "Source separation" has the same meaning as in RCW 70.95.030.

(17) "Treatment" means ((~~incineration, sterilization, or other~~)) a method, technique, or process that changes the biological character or composition of a biomedical waste so as to ((~~minimize~~)) substantially eliminate the risk of transmitting an infectious disease.

(((6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

~~(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.~~

(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.

~~(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.~~

~~(11) "Source separation" has the same meaning as in RCW 70.95.030.~~

~~(12)~~)) (18) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95K RCW to read as follows:

Generators of cultures containing microorganisms that may be transmitted to humans via airborne droplet nuclei shall treat those cultures before transport from the facility. Such cultures include infectious agents associated with diseases that include but are not limited to tuberculosis, measles, and varicella.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95K RCW to read as follows:

Biomedical waste treatment facilities shall not accept cultures containing microorganisms that may be transmitted to humans via airborne droplet nuclei unless those cultures have been treated by the generator before transport from the generator's facility.